Docket No. 03-40164.

436 F.3d 141 (2006)

Gustavo A. DE LA VEGA, Petitioner, v. Alberto R. GONZALES, Attorney General of the United States, Edward McElroy, New York District Director, Immigration and Naturalization Service, Respondents.

United States Court of Appeals, Second Circuit.

Decided: January 27, 2006.

Attorney(s) appearing for the Case

Mario DeMarco, Law Office of Mario DeMarco, P.C., Port Chester, NY, for Petitioner.

J. Alvin Stout, III, Assistant United States Attorney (Virginia A. Gibson, Michael L. Levy, Assistant United States Attorneys, of counsel; Patrick L. Meehan, United States Attorney for the Eastern District of Pennsylvania, on the brief), United States Attorney's Office for the Eastern District of Pennsylvania, Philadelphia, PA, for Respondents.

Before: MESKILL and CABRANES, Circuit Judges, and NEVAS, District Judge.

JOSÉ A. CABRANES, Circuit Judge.

We write to address whether this Court has jurisdiction to review a denial by the Board of Immigration Appeals ("BIA") of a petitioner's request for cancellation of removal on the basis of its finding that the petitioner failed to demonstrate that his removal would cause "exceptional and extremely unusual hardship" to a qualifying U.S. citizen relative. Because we hold that such denials are discretionary judgments committed by...

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